If the police charge you with a criminal offence, you are at risk of losing your security licence until your criminal case finalises. There are also some instances where your security licence may be cancelled after your criminal case finalises. This depends on the outcome you receive for the criminal case and the charges you are found guilty of/plead guilty to.
This article will explain some different scenarios that can arise from being charged with a criminal offence if you hold a security licence.
Power to Conduct Inquiry
The Chief Commissioner of Police ('the Commissioner') has power to conduct an inquiry to determine whether or not you should remain licenced. The Commissioner may make one of the following decisions -
take no further action.
issue a reprimand.
impose restrictive conditions on the security licence.
suspend the security licence for no more than 12 months.
cancel the security licence.
Opportunity to Respond
Before the Commissioner can make a decision about your security licence, they must give you an opportunity to respond to their concerns raised in their notice. This is normally done in the form of a detailed and well-prepared written submission addressing each of the Commissioner's concerns. Generally, the Commissioner will be concerned you are not a 'fit and proper' person, it is 'not in the public's interest' for you to hold a security licence and you are 'not suitable' to hold a security licence.
How to Address the Commissioner's Concerns
Your submission should be tailored to respond to the Commissioner's concerns. You should include -
a detailed explanation of the work you do and the service you provide the community,
character references from your direct employer and managers of venues you work at,
evidence of extra courses you have taken,
evidence of your co-operation with police,
evidence of your good character,
up to date standard operating procedures if you operate a security company,
extra-curricular activities you do to promote community safety such as volunteering or educational roles.
Your Criminal Case
Pleading guilty to particular criminal charges and certain court outcomes such as the recording of a conviction for specific offences can automatically preclude you from holding a security licence. Therefore, it is crucial you speak with a criminal defence lawyer who knows the consequences criminal proceedings have on a security licence before finalising your criminal case.
I have a niche practice in security licence submissions and can assist you.